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A05074 Summary:

BILL NOA05074
 
SAME ASSAME AS S05332
 
SPONSOREpstein
 
COSPNSRSteck, Seawright, Hevesi
 
MLTSPNSR
 
Amd §§216.00 & 216.05, CP L; amd §65.10, Pen L
 
Requires written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonreligious treatment program.
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A05074 Actions:

BILL NOA05074
 
03/02/2023referred to codes
03/15/2023reported
03/16/2023advanced to third reading cal.68
03/23/2023passed assembly
03/23/2023delivered to senate
03/23/2023REFERRED TO ALCOHOLISM AND SUBSTANCE USE DISORDERS
05/30/2023SUBSTITUTED FOR S5332
05/30/20233RD READING CAL.1041
05/30/2023PASSED SENATE
05/30/2023RETURNED TO ASSEMBLY
11/13/2023delivered to governor
11/17/2023vetoed memo.53
11/17/2023tabled
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A05074 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5074
 
SPONSOR: Epstein
  TITLE OF BILL: An act to amend the criminal procedure law and the penal law, in relation to requiring written notice to a defendant of his or her right to complete court ordered alcohol or substance use treatment in a nonre- ligious treatment program   PURPOSE: To ensure eligible defendants mandated to attend a substance use treat- ment program are informed of their right to request a nonreligious option   SUMMARY OF PROVISIONS: Section 1 amends section 216.00 of the criminal procedure law to add a new subdivision 3 to define treatment Section 2 amends subdivision 5 of section 216.05 of the criminal proce- dure law to establish a process for the court to determine whether a defendant set to be mandated to attend a substance use treatment program has an objection to any religious element of that program and for the court to identify a nonreligious alternative if the defendant has such an objection Section 3 amends paragraph (e) of subdivision 2 of section 65.10 of the penal law to establish the process outlined above for probationers Section 4 provides the effective date   JUSTIFICATION: Courts have repeatedly recognized the rights of defendants mandated to attend a substance use treatment program to attend a nonreligious program if they object to the religious components of a faith-based program. Yet, there is no statutory requirement for the court to inform an eligible defendant of his or her right to seek treatment in a nonre- ligious program. Without clear direction, the state remains vulnerable to costly lawsuits brought by defendants seeking to enforce their constitutional rights. Furthermore, it should be a priority of the court to ensure that a defendant's treatment matches their preferences so they can actually benefit from the treatment. This legislation establishes a clear process by which the court would ascertain whether a defendant set to be mandated to attend a substance use treatment program has an objection to any religious element of such a program and requires the court to iden- tify an alternative.   LEGISLATIVE HISTORY: 2022: A8163 (Epstein) / S7313A (Harckham) - Vetoed memo 147   FISCAL IMPLICATIONS: Potential to provide savings to the state by limiting liability for court and prison personnel.   EFFECTIVE DATE:. 60 days after becoming law
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A05074 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5074
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2023
                                       ___________
 
        Introduced  by  M. of A. EPSTEIN, STECK -- read once and referred to the
          Committee on Codes
 
        AN ACT to amend the  criminal  procedure  law  and  the  penal  law,  in
          relation  to  requiring  written  notice  to a defendant of his or her
          right to complete court ordered alcohol or substance use treatment  in
          a nonreligious treatment program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 216.00 of the criminal procedure law is amended by
     2  adding a new subdivision 3 to read as follows:
     3    3. "Treatment" means any alcohol or substance use recovery program  or
     4  programs,  which  may  include detoxification, medically assisted treat-
     5  ment, residential treatment, outpatient treatment, and recovery-oriented
     6  care and recovery support, including peer-based support.
     7    § 2. Subdivision 5 of section 216.05 of the criminal procedure law, as
     8  amended by chapter 435 of the laws  of  2021,  is  amended  to  read  as
     9  follows:
    10    5.  (a) The defendant shall agree on the record or in writing to abide
    11  by the release conditions  set  by  the  court,  which,  shall  include:
    12  participation  in  a specified period of alcohol or substance use treat-
    13  ment at a specified program or programs identified by the  court,  which
    14  may  include periods of detoxification, residential or outpatient treat-
    15  ment, or both, as determined after taking into account the views of  the
    16  health  care  professional  who  conducted the alcohol and substance use
    17  evaluation and any health care professionals responsible  for  providing
    18  such treatment or monitoring the defendant's progress in such treatment;
    19  and may include: (i) periodic court appearances, which may include peri-
    20  odic  urinalysis;  (ii)  a  requirement  that the defendant refrain from
    21  engaging in criminal behaviors; (iii) if the defendant  needs  treatment
    22  for  opioid use, that he or she may participate in and receive medically
    23  prescribed drug treatments under the care of a health care  professional
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09921-01-3

        A. 5074                             2
 
     1  licensed  or  certified  under  title eight of the education law, acting
     2  within his or her lawful scope of practice, provided that no court shall
     3  require the use of any specified type or brand of drug during the course
     4  of medically prescribed drug treatments.
     5    (b) Prior to specifying an alcohol or substance use program, the court
     6  shall  inquire, on the record, whether the defendant has an objection to
     7  any religious element of that program. If the  defendant  objects  to  a
     8  religious  element  of the program, the court shall identify an alterna-
     9  tive  equivalent  program  to  which  the  defendant  has  no  religious
    10  objection, and the defendant shall confirm on the record.
    11    § 3. Paragraph (e) of subdivision 2 of section 65.10 of the penal law,
    12  as  amended  by  chapter  742 of the laws of 1981, is amended to read as
    13  follows:
    14    (e) Participate in an alcohol or substance [abuse] use program  or  an
    15  intervention  program  approved by the court after consultation with the
    16  local probation department having jurisdiction, or such other public  or
    17  private  agency  as  the court determines to be appropriate, except that
    18  the court shall first determine whether the defendant has  an  objection
    19  to  any religious element of that program. If the defendant objects to a
    20  religious element of the program, the court shall approve an alternative
    21  equivalent program to which the defendant has no religious objection;
    22    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    23  have become a law.
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